Governments submit new ILS to the competent national authorities for their consideration. The Governing Body has issued a Memorandum concerning the obligation to submit conventions and recommendations to the competent authorities to clarify the aims and objectives of submission, the nature of the obligation and how to fulfil it. A few points can be highlighted:
- the main aim of submission is to promote measures at the domestic level for the implementation of Conventions and Recommendations. In the case of Conventions, the procedure also aims to promote ratification;
- governments remain entirely free to propose any action which they may deem appropriate in respect of new ILS. The aim of submission is to encourage a rapid and responsible decision by each member State on instruments adopted by the International Labour Conference;
- one purpose of the obligation of submission, which is a fundamental element of the ILS system, is to bring the new instruments to the knowledge of the public;
- the competent national authority should normally be the legislature, since that is the authority in most countries able to “enact legislation”, as indicated in the ILO Constitution;
- the obligation of submission applies to all instruments adopted by the International Labour Conference, without exception or distinction, so also to Protocols; and
- fulfilment of the submission procedure is an important moment of dialogue among government authorities, social partners and parliamentarians.
Governments will consult with the representative organizations of employers and workers where the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has been ratified. Each State party to the Convention undertakes to operate procedures which ensure effective consultations between representatives of the government, of employers and of workers with respect to standards-related activities. These consultations have to be undertaken at appropriate intervals fixed by agreement, and at least once a year. The representatives of employers and workers have to be freely chosen by their representative organizations. Under Article 5, paragraph 1(b), of Convention No. 144, ratifying States have an obligation to hold effective consultations on the submission of ILS to the competent national authorities.
Member States which have not ratified Convention No. 144 may refer to its relevant provisions as well as to those of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).